Richardson v. State

• Decision Date: 22 September 1983
• Docket Number: No. 66594,66594
• Citation: 168 Ga.App. 312,308 S.E.2d 694
• Parties: RICHARDSON v. The STATE.
• Court: Georgia Court of Appeals

Page 694

308 S.E.2d 694

168 Ga.App. 312

RICHARDSON v. The STATE.

No. 66594.

Court of Appeals of Georgia.

Sept. 22, 1983.

Rehearing Denied Oct. 6, 1983.

Certiorari Denied Dec. 1, 1983.

Harry J. Fox, Jr., Perry, for appellant.

G. Theron Finlayson, Dist. Atty., for appellee.

BIRDSONG, Judge.

Joe Lewis Richardson was convicted of robbery, two counts of aggravated assault and burglary, and sentenced to serve ten years. He brings this appeal enumerating four asserted errors. Held:

1. In his fourth enumeration of error, Richardson argues the evidence is insufficient to support the convictions. The facts pertinent thereto show that the two victims had checked into a motel for the evening. The male victim went to an ice machine to get ice in a furnished bucket and returned to the room. As he entered the room, he was followed closely by a black male. This person immediately started pummeling the victim and demanding money. The victim gave the robber his money consisting of a $100 bill and several $20's amounting to over $200. The robbery victim was knocked to the floor and was rendered semi-comatose by the robber's blows. The victim then perceived that the robber had obtained his (the victim's) knife and while the victim was on the floor, the robbery stabbed the victim several times in the back and apparently once on the head. The robber then passed over the robbery victim and grasped the female victim who was lying fully clothed on a bed. The robber placed the knife at her throat and stated he would "cut off her head" if she did not submit to a sexual act. Meanwhile, the male victim regained enough composure and strength to arise and run from the motel room calling for help. The robber ran from the motel room and made his escape.

Moments later, one of the owners of the motel was approached by the appellant Richardson who had blood on his shirt and was asked by Richardson to break a $100 bill. When she refused, Richardson left the motel office. A few hundred feet away (approximately a block away), Richardson sought to have a $100 bill changed by making a small purchase in a convenience store. Once again, he was unsuccessful. At that point in time, Richardson apparently became embroiled in an argument with a man and his wife and the husband struck Richardson, causing Richardson to have a bloody nose. Richardson then went outside the convenience store and sat on a bench.

The police had been called to the scene of the robbery and stabbing. The first report as understood by the police was that the stabbing victim had run from the motel. A call was placed to be on the lookout for such a person. Approximately 7-10 minutes after the robbery, a policewoman saw Richardson sitting outside the convenience store, and observing the bloody shirt, stopped and obtained his identification. However, Richardson established he had not been stabbed and he explained the blood on his shirt as the result of a fight in the store. He thus was allowed to depart toward his home. By the time this information was called to the motel, the officer there had determined that the stabbing victim was still at the motel; therefore, the female officer was asked to try to reestablish contact with the person she had just released. Richardson was still walking toward his home and was approached by the officer. When asked if he would accompany her to the motel, he agreed to do so. As soon as the police car arrived at the motel, the motel owner, and the male and female victims all identified Richardson as being the person who had committed the burglary, robbery and two aggravated assaults.

Richardson offered evidence of an alibi and innocent presence in the vicinity of the motel. He contended that he had won the money found in his possession (a $100 and seven $20 bills) in a poker game. He explained the blood on his shirt as being caused by his own bleeding nose. Finally, he contended that his identification was based upon an irreparable misidentification.

We will not speculate what evidence the jury chose to believe. On appeal from a finding of guilty, the presumption of innocence no longer prevails; the fact finder has determined the credibility of witnesses and has been convinced beyond reasonable doubt of guilt. This court simply reviews the evidence to determine if there is evidence of a sufficient quantum and quality to authorize the jury to return the verdict of guilty. Ridley v. State, 236 Ga. 147, 149, 223 S.E.2d 131; Blackwell v. State, 139 Ga.App. 477, 478, 228 S.E.2d 612. Although in this case the evidence was in conflict as to identity, it was for the jury to resolve such conflict. The jury resolved this in favor of the state, and this court will not substitute its judgment for that of the jury. Glover v. State, 237 Ga. 859, 860, 230 S.E.2d 293. We have no hesitancy in concluding that the jury was presented with evidence sufficient to convince any rational trier of fact beyond reasonable doubt that a finding of guilt was warranted. Baldwin v. State, 153 Ga.App. 35, 37, 264 S.E.2d 528. This enumeration is without merit.

2. In another enumeration, Richardson complains that the trial court erred in not dismissing Count 2 of the indictment on the ground that the aggravated assault charge therein was part and parcel of the robbery by intimidation charged in Count 1 and thus merged into the robbery. While we have no argument with the legal propriety of that argument, we conclude the facts simply do not support the argument. Though there was a dispute between the...